- 8 - whether petitioner incurred these expenses as an employee or shareholder of Craft-Barnett. If petitioner incurred these expenses to protect his equity interest in Craft-Barnett, the expenses would be capitalized and would not be deductible by petitioner. Section 162(a) allows a deduction for all ordinary and necessary expenses incurred in carrying on a trade or business. The performance of services as an employee constitutes a trade or business. O'Malley v. Commissioner, 91 T.C. 352, 363- 364 (1988). An ordinary expense is one that is common and acceptable in the particular business. Welch v. Helvering, supra at 113-114. The principal function of the word “ordinary” in section 162(a) is to clarify the distinction between expenses which are currently deductible and expenses which are capital in nature. Commissioner v. Tellier, 383 U.S. 687, 689 (1966); Noyce v. Commissioner, supra at 686. A necessary expense is an expense that is appropriate and helpful in carrying on the trade or business. Heineman v. Commissioner, 82 T.C. 538, 543 (1984). As petitioner’s expenses were not incurred in the acquisition or enhancement of a capital asset but in the conduct of his duties as an employee of Craft-Barnett, the expenses are ordinary. The expenses incurred by petitioner were necessary to fulfill his duties as vice president of Craft-Barnett. Therefore, we conclude that the expenditures attributable to Craft-Barnett are deductible by petitioner as ordinary andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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